re: nonfiling of TDS return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2010 My employer is deducting TDS monthly, and depositing it in the bank also monthly---i have all the 12 challans in a year to document this.

He has NOT FILED THE TDS RETURN for the past 3 years.

What is the problem I, as an employee, can face due to this? Because he is not filing the TDS return, do i stand to lose anything?

could you please elaborately explain?

thank you

Shyam Lal Naik

Shyam Lal Naik (Expert)
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28 June 2010 The TDS credit might be denied.

It is not known, whether your employer is issuing the TDS certificates.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 June 2010 IF YOUR EMPLOYER IS NOT FILING TDS RETURN YOU WILL NOT GET THE CREDIT OF TDS DEDUCTED AND DEPOSITED BY YOUR EMPLOYER.

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Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2010 Thank you for the prompt reply.

I am given the TDS certificate (form 16).

I will not get the credit for TDS deducted---i didnt understand this--could you kindly please explain a bit?

thank you

Querist : Anonymous

Querist : Anonymous (Querist)

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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28 June 2010 You have to file TDS Return with penalty for late filing of REturn.

Penalty for non-filing of tds return in time as per section 272A(2) is Rs. 100 for every day during which the failure continues.

CA. Gurdeep Singh Chawla

CA. Gurdeep Singh Chawla (Expert)
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28 June 2010 YOU WILL NOT GET THE CREDIT OF TDS DEDUCTED

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Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2010 what is meant by :"i will not get credit"

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CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 June 2010 TDS CERTIFICATE IS NOT VALID FOR CLAIM IF TDS RETURN IS NOT FILED. YOU WILL NOT GET CREDIT MEANS YOU WILL HAVE TO PAY TAX ON YOUR INCOME EVEN THOUGH IT WAS DEDUCTED AT SOURCE ON PAYMENT BY YOUR EMPLOYER.

Shyam Lal Naik

Shyam Lal Naik (Expert)
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28 June 2010 If the employee can substantiate that tax has been deducted at source, department can not compel the employee to deposit the tax again.

All penal cpnsequence will fall on the employer.

As per the executive instruction, small amount of credit are generally granted on production of original certificate, despite mismatch in OLTAS data.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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29 June 2010 There is no question of mismatch in OLTAS data because TDS is not deposited at all.
Mismatch in OLTAS data ia only when TDS is deposited but in return , challan no. or date or challan amt etc is wrong filled.